This was an application by the Defendant for an extension of time to file rebuttal expert evidence. The primary ground argued was that the report had not been filed in time because of the illness of Defendant’s counsel. The Prothonotary allowed the application and in doing so identified the applicable test as being: a continuing intention to pursue the application; that the application has some merit; lack of prejudice; and that a reasonable explanation exists for the delay. The Prothonotary further noted that in applying the test there was a balancing of factors with the objective being that justice is done. The Prothonotary further noted that a party must not be deprived of his rights on account of an error of counsel where it is possible to rectify the consequences of the error without injustice to the opposing party.